Giurisprudenza | Law Bankruptcy

cod. 0160100034

LAW BANKRUPTCY

	0160100034
	DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
	EQF7
	LAW
	2018/2019

PERCORSO COMUNE

	YEAR OF COURSE 5
	YEAR OF DIDACTIC SYSTEM 2012
	PRIMO SEMESTRE

TEACHING UNITS

	SSD	CFU	HOURS	ACTIVITY	TYPE OF ACTIVITY
	IUS/04	6	54	LESSONS	COMPULSORY SUBJECTS, CHARACTERISTIC OF THE CLASS

	Objectives
	TEACHING IS INTENDED TO PROVIDE KNOWLEDGE OF THE FUNDAMENTAL INSTITUTES OF BANKRUPTCY LAW IN THE LIGHT OF THE COPERNICAN REVOLUTION IN THE ACTUAL DECREE OF 19 OCTOBER 2017, N. 155. THE COURSE IS DIRECT TO ENABLE STUDENTS ACQUISITION OF: 1) KNOWLEDGE, UNDERSTANDING ABILITY AND ANALYSIS OF THE GENERAL PRINCIPLES OF THE DISCIPLINES OF THE CORPORATE CRISIS AND INSOLVENCY THAT ALLOW TO ELABORATE AND APPLY ORIGINAL IDEAS, EVEN IN A RESEARCH CONTEXT IN THE SPECIFIC SECTOR; 2) ABILITY TO APPLY THE KNOWLEDGE ACQUIRED, TO UNDERSTAND AND RESOLVE ISSUES AND PROBLEMS INHERENT TO THE LAW OF THE BUSINESS AND INSOLVENCY CRISIS, INSERTED IN WIDER CONTEXTS RELATED TO THE STUDY SECTOR OF LEGAL SCIENCES.

TEACHING IS INTENDED TO PROVIDE KNOWLEDGE OF THE FUNDAMENTAL INSTITUTES OF BANKRUPTCY LAW IN THE LIGHT OF THE COPERNICAN REVOLUTION IN THE ACTUAL DECREE OF 19 OCTOBER 2017, N. 155.

THE COURSE IS DIRECT TO ENABLE STUDENTS ACQUISITION OF:

1) KNOWLEDGE, UNDERSTANDING ABILITY AND ANALYSIS OF THE GENERAL PRINCIPLES OF THE DISCIPLINES OF THE CORPORATE CRISIS AND INSOLVENCY THAT ALLOW TO ELABORATE AND APPLY ORIGINAL IDEAS, EVEN IN A RESEARCH CONTEXT IN THE SPECIFIC SECTOR;

2) ABILITY TO APPLY THE KNOWLEDGE ACQUIRED, TO UNDERSTAND AND RESOLVE ISSUES AND PROBLEMS INHERENT TO THE LAW OF THE BUSINESS AND INSOLVENCY CRISIS, INSERTED IN WIDER CONTEXTS RELATED TO THE STUDY SECTOR OF LEGAL SCIENCES.

	Prerequisites
	IT IS OBLIGATORY TO EXCEED THE EXAM OF INSTITUTIONS OF PRIVATE LAW, PROPEDEUTICAL TO THE TEACHING OF BANKRUPTCY LAW. WE RECOMMEND THE STUDY OF COMMERCIAL LAW AS A BASIS FOR AN ADEQUATE ANALYSIS OF THE MATTER.

	Contents
	- BUSINESS CRISIS AND INSOLVENCY / FROM FAILURE TO JUDICIAL LIQUIDATION (20 H LESSONS, 10 H SEMINARS); - THE PREVENTIVE AGREEMENT (5 H LESSONS, 1 H SEMINARS); -THE ADMINISTRATIVE COUNTING LIQUIDATION (5 H LESSONS, 1 H SEMINARS); - EXTRAORDINARY ADMINISTRATION OF GREAT BUSINESSES IN CRISIS (5 H LESSONS, 1 H SEMINARS); - OVERHAULING (5 H LESSONS, 1 H SEMINARS).

	Teaching Methods
	N. 54 HOURS OF FRONTAL LESSONS AND SEMINARS IN THE CLASSROOM, ALSO OF PROFESSIONALIZING CUTTING, WITHOUT REQUIREMENT WHICH, HOWEVER, IS RECOMMENDED.

	Verification of learning
	FINAL ORAL EXAM TEST FOR THE VERIFICATION OF THE OBJECTIVES. THE VERIFICATION MODALITIES ARE ADEQUATE TO ACCEPT THE REACHING OF THE EXPECTED LEARNING RESULTS. CONSTITUTE EVALUATION CRITERIA: 1) ABILITY TO EXPOSE IN ARTICULATED AND EXHAUSTIVE MANNER; 2) ABILITY TO COMMUNICATE, WITH LANGUAGE PROPERTIES AND EXHIBITING CLARITY, TO SPECIALIST AND NON SPECIALIZED INTERLOCUTORS, THE ACQUIRED KNOWLEDGE AND THE RATIO UNDER THE REGULATORY PROVISIONS, AND TO PROPOSE SOLUTIONS; 3) CAPACITY TO ACQUIRE A RECONSTRUCTIVE AND APPLICATION METHOD OF DISCIPLINE IN AN INTERDISCIPLINARY CONTEXT; 4) ABILITY TO CONNECT THE SYSTEMS OF THE DISCIPLINE; 5) ABILITY TO INTEGRATE KNOWLEDGE AND MANAGE COMPLEXITY, AND TO FORMULATE JUDGMENTS ON THE BASIS ALSO OF LIMITED OR INCOMPLETE INFORMATION. THE CORSISTS STUDENTS WILL SUPPORT SOME INTERMEDIARY CHECKS THAT CONSTITUTE OCCASION TO PUT THE TEST AND EVENTUALLY CORRECT THEIR STUDY METHOD AND TO ASSESS THE DEVELOPMENT OF THEIR CRITICAL CAPACITIES IN RESPECT OF THE THEMES TREATED DURING THE COURSE. THESE CHECKS ARE OPTIONAL AND NOT BINDING FOR THE PURPOSES OF FINAL EXAMINATION, DEPENDING ON ORGANIZATIONAL FACTORS AND THE INTEREST MANIFESTED BY THE STUDENTS. THE NUMBER AND CHARACTERISTICS OF THESE CHECKS WILL BE DETERMINED IN THE COURSE OF LESSONS.

Verification of learning

FINAL ORAL EXAM TEST FOR THE VERIFICATION OF THE OBJECTIVES.
THE VERIFICATION MODALITIES ARE ADEQUATE TO ACCEPT THE REACHING OF THE EXPECTED LEARNING RESULTS. CONSTITUTE EVALUATION CRITERIA: 1) ABILITY TO EXPOSE IN ARTICULATED AND EXHAUSTIVE MANNER; 2) ABILITY TO COMMUNICATE, WITH LANGUAGE PROPERTIES AND EXHIBITING CLARITY, TO SPECIALIST AND NON SPECIALIZED INTERLOCUTORS, THE ACQUIRED KNOWLEDGE AND THE RATIO UNDER THE REGULATORY PROVISIONS, AND TO PROPOSE SOLUTIONS; 3) CAPACITY TO ACQUIRE A RECONSTRUCTIVE AND APPLICATION METHOD OF DISCIPLINE IN AN INTERDISCIPLINARY CONTEXT; 4) ABILITY TO CONNECT THE SYSTEMS OF THE DISCIPLINE; 5) ABILITY TO INTEGRATE KNOWLEDGE AND MANAGE COMPLEXITY, AND TO FORMULATE JUDGMENTS ON THE BASIS ALSO OF LIMITED OR INCOMPLETE INFORMATION.
THE CORSISTS STUDENTS WILL SUPPORT SOME INTERMEDIARY CHECKS THAT CONSTITUTE OCCASION TO PUT THE TEST AND EVENTUALLY CORRECT THEIR STUDY METHOD AND TO ASSESS THE DEVELOPMENT OF THEIR CRITICAL CAPACITIES IN RESPECT OF THE THEMES TREATED DURING THE COURSE. THESE CHECKS ARE OPTIONAL AND NOT BINDING FOR THE PURPOSES OF FINAL EXAMINATION, DEPENDING ON ORGANIZATIONAL FACTORS AND THE INTEREST MANIFESTED BY THE STUDENTS. THE NUMBER AND CHARACTERISTICS OF THESE CHECKS WILL BE DETERMINED IN THE COURSE OF LESSONS.

	Texts
	1) L. GUGLIELMUCCI, DIRITTO FALLIMENTARE, GIAPPICHELLI, TORINO, 2017. 2) A. NIGRO, D. VATTERMOLI, DIRITTO DELLA CRISI DELLE IMPRESE. LE PROCEDURE CONCORSUALI, IL MULINO, BOLOGNA, 2017.